All equipment or component parts manufactured or distributed by Richards Mfg. Co., Sales Inc. are expressly warranted by Richards to be free from defect in workmanship or material when subjected to normal and proper use. Said warranty shall be for a period of one year from the date of installation of such equipment not to exceed eighteen (18) months from the date of shipment of such equipment. Notice of any claim arising out of this warranty shall be made in writing within the warranty period. Richards’ sole liability and buyer’s sole remedy under this warranty shall be limited to the repair or replacement, FOB factory, of any equipment or part determined to be defective in either material or workmanship. This warranty does not apply to any equipment, part or component requiring repair or replacement due to improper use or when determined to have been subjected to abnormal operating conditions or in the event of buyer’s failure to follow normal maintenance procedures.
No warranty or guarantee expressed or implied, including any warranty or representation as to the design, operation, merchantability or fitness for any purpose is made other than those expressly set forth above which are made in lieu of any and all warranties or guarantees. Richards Mfg. Co. shall not be liable for any loss or damage, directly or indirectly, arising out of the use of equipment or parts (including software) or for any consequential damages, including but not limited to, any claims for buyer’s lost profits or for any claim or demand against the buyer by a third party.